SRINAGAR: CPI(M) today welcomed the Jammu and Kashmir HighCourt judgement terming the replacement of nomenclature of ‘Sadr-e-Riyasat’ by Governor as against the basic structure of the Constitution.
“We welcome the judgment pronounced by the High Court of Jammu and Kashmir terming the replacement of nomenclature of ‘Sadr-e-Riyasat’ by Governor as against the basic structure of the Constitution,” a party spokesman said.
The High Court had on December 26 observed that the conversion of the post of ‘Sadri Riyasat’ into Governor in 1965 was against the state constitution but left it to the state Legislature to decide whether to continue with the existing constitutional arrangement or revert it.
“We reiterate our stand that the nomenclature of constitutional positions as defined in the Article 370 is irrevocable and the changes brought in during the last few decades are not only arbitrary but ultra vires to the constitution of India and Jammu and Kashmir” he said.
The spokesman said that Article 370 of the Constitution of India cannot be “abrogated, repealed or even amended” as the same has been bracketed by the Constituent Assembly which is no more in session.
“We are of the strong conviction that Article 370 constitutes the basic structure of Indian constitution as such can’t be amended even under Article 368, neither by state legislature, cabinet or even the Parliament”, he said.
The spokesman added that all the amendments and thereby encroachments made until now were without the consent of the Constituent Assembly of J&K and thus unconstitutional.
“We vehemently demand that such amendments and laws imposed be annulled to restore the autonomy and uniqueness of the state, guaranteed under Article 370 of the Constitution”, he said.
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